Search bills, members, committees and pages...
3065. Arrest by Federal law enforcement
A law enforcement officer who is authorized to make arrests under any Federal law shall permit any person who is arrested and is the custodial parent or guardian of a minor or dependent child the opportunity to make arrangements for such child at the time of arrest, including by permitting access to a telephone and appropriate phone numbers for the purposes of securing care for the child, and shall not refer the child to a child welfare agency, unless the custodial parent or guardian of the minor cannot make arrangements for the child at the time of arrest or to secure care for the child, or unless the arresting officer has reasonable cause to suspect the child is experiencing abuse or neglect. A drug related charge on its own does not constitute sufficient cause to suspect abuse or neglect.
PP GRANTS FOR GENDER-RESPONSIVE TRAINING
3051. In general
The Attorney General may make a grant to a State each fiscal year for purposes of carrying out the requirements of section 3052. The term of such grant shall be 1 year.3052. Training on gender-informed law enforcement practices
(a) Training curricula
Not later than 180 days after the effective date of this section, the Attorney General shall develop and identify training curricula under this paragraph in consultation with relevant law enforcement agencies of States and units of local government, associations that advocate on issues which disproportionately impact women, medical professionals, professional law enforcement organizations, mental health organizations, and family advocacy organizations.(b) Training requirement
The requirements of this subsection are as follows:(1) A State shall require that all individuals enrolled in an academy of a law enforcement agency in the State and all chief law enforcement officers of the State fulfill a training session on gender-informed policing practices each fiscal year. In the case of individuals attending an academy, such training session shall be for at least 8 hours, and in the case of all other law enforcement officers, the training session shall be for at least 4 hours.(2) Gender-informed policing practices shall include—(A) evidence-based training on the circumstances most likely to disproportionately or differently impact women who have contact with law enforcement through traffic stops, street stops, searches, arrests, or any other contact, and may include training on trauma, sexual and physical abuse, family issues, physical and mental health issues, hygiene issues, racial disparities in the arrests of and law enforcement contacts with women, and issues related to the arrest of parents, including the identification and appropriate responses to a child, present or not present, whose parent is arrested in order to help minimize potential trauma and support a child’s physical safety and well-being following an arrest;(B) training on a proactive, victim-centered approach to be used when responding to domestic violence that utilizes best-practices aimed at reducing risk of imminent or future violence, and strongly discourages dual arrests;(C) evidence-based training on proper interrogation techniques for individuals with a history of trauma such as intimate partner violence or sexual assault as well as information on false confessions;(D) evidence-based training on how the interaction of race, class, disability, and gender may influence police response as well as behavior of an individual towards law enforcement officers; and(E) evidence-based training on the specific needs and appropriate policies and protocols for pregnant persons who have contact with law enforcement through traffic stops, street stops, searches, arrests, or any other contact.(3) No later than 2 years after receipt of a grant under this section, a State shall certify to the Attorney General of the United States that such training sessions have been completed.(c) Compliance and ineligibility
(1) Compliance date
The period specified under this paragraph is the period beginning 120 days after the date of enactment of this part, to comply with subsection (a), except that—(A) the Attorney General may grant an additional 120 days to a State that is making good faith efforts to comply with such subsection; and(B) the Attorney General shall waive the requirements of subsection (a) if compliance by a State would be unconstitutional under the constitution of such State.(2) Ineligibility
A State that is not in compliance with the requirements of subsection (a) during a fiscal year is not eligible to apply for a grant under this part during the next fiscal year.3053. Use of funds
A grantee may use the grant to—(1) pay for costs associated with carrying out section 3052(b), including attendance by law enforcement officers or professionals at an approved training course, including a course provided by a law enforcement training academy of a State or unit of local government;(2) procure training continuing education on 1 or more of the topics described in section 3052(b) from a certified entity;(3) in the case of a law enforcement agency of a unit of local government that employs fewer than 50 law enforcement officers (determined on a full-time equivalent basis), pay for the costs of overtime accrued as a result of the attendance of a law enforcement officer or covered professional at an approved training course for which the costs associated with conducting the approved training course are paid using amounts provided under this section; and(4) pay for the costs of developing mechanisms to comply with the certification requirement established under section 3052(b)(3), in an amount not to exceed 5 percent of the total amount of the grant award.3054. Authorization of appropriations
There is authorized to be appropriated to carry out this part $20,000,000 for each of fiscal years 2027 through 2031.
3622. Temporary release
(a) Generally
The Bureau of Prisons and the United States Marshals Service shall release an individual from imprisonment for a limited period if such release is authorized by the warden or a judicial officer under subsection (c) and in accordance with the facility or officer’s prescribed conditions, to—(1) visit a designated place for a period not to exceed thirty days without specific authorization, and then return to the same or another facility, for the purpose of—(A) obtaining medical treatment not otherwise available, including access to sexual assault nurse examiners;(B) establishing or reestablishing family or community ties; or(C) attending court proceedings concerning juvenile custody or dependency of a minor or dependent child;(2) visit a designated place for a period not to exceed seven days without specific authorization, and then return to the same or another facility, for the purpose of—(A) visiting a relative who is dying;(B) attending a funeral of a relative;(C) contacting a prospective employer; or(D) engaging in any other significant activity consistent with the public interest;(3) participate in a training or educational program in the community while continuing in official detention at the prison facility; or(4) work at paid employment in the community while continuing in official detention at the penal or correctional facility if the rates of pay and other conditions of employment will not be less than those paid or provided for work of a similar nature in the community.(b) Definition
As used in this section, the term imprisonment means custodial detention, juvenile official detention, or community supervision, both prior to a trial or a dispositional hearing, and after conviction or adjudication.(c) Petition
Upon petition from a person who is under an order of imprisonment, a judicial officer is authorized to release such person under subsection (a) and may set the least restrictive conditions of release necessary to meet the requirements of safety and justice. Such authorization shall be provided for the purposes listed in subsection (a) if it is consistent with the purpose for which any sentence was imposed if applicable and any pertinent policy statement issued by the Sentencing Commission pursuant to section 994(a)(2) of title 28, United States Code, unless a factual showing is made to the court demonstrating that the release would create an imminent risk of flight or harm to the incarcerated person or others.
3015. Federal pretrial diversion
(a) Definitions
The following terms apply in this section:(1) Criminal case
The term criminal case means a Federal criminal offense or Federal juvenile adjudication where a criminal complaint, information or indictment has been filed, or where a criminal complaint, information or indictment has not been filed and the Government has a reasonable belief that a prosecutable Federal offense may be filed.(2) Divertee
The term divertee means an adult or juvenile who is accepted to participate in a pretrial diversion program.(3) Pretrial diversion
The term pretrial diversion means an alternative to criminal prosecution that diverts a defendant or juvenile away from the traditional criminal justice process into a recidivism reduction plan, and which results in a diversionary disposition to a divertee who successfully completes such recidivism reduction plan.(4) Diversionary disposition
The term diversionary disposition means the termination of a criminal case that results in—(A) the Government not filing a criminal complaint, information, indictment or charge in a criminal case;(B) dismissal of a criminal complaint, indictment, information or charge against a divertee; or(C) a conviction and imposition of a sentence, or a juvenile adjudication and disposition, that does not include a term of incarceration, imprisonment or official detention.(5) Recidivism reduction plan
The term recidivism reduction plan means a plan, ordered to be completed by the Court, and that the divertee agrees to complete in exchange for a diversionary disposition which—(A) shall include supervision, at a frequency and level to be determined by the Court; and(B) may include classes, treatment, programs, assistance, requirements, restrictions, or other conditions that are gender-responsive, and are tailored specifically to the needs of the divertee, which shall include partnerships with nonprofit community-based organizations, and shall include—(i) assistance with seeking, obtaining, and maintaining employment;(ii) placement in job placement programs that partner with private employers;(iii) job skills classes, including computer skills, technical skills, vocational skills, and any other job-related skills;(iv) assistance with locating and maintaining housing, including family-accessible housing, which may include counseling as to public housing opportunities, assistance with applications for public housing benefits, and locating and/or securing temporary or long-term housing;(v) obtaining an identification card or driver’s license;(vi) registering to vote, and applying for voting rights to be restored, where permitted by law;(vii) assistance with, and requirements to apply for and remain in education programs, including assistance with applications for higher education loans and program admission;(viii) financial counseling;(ix) referrals for legal assistance to pursue record expungement, family law and custody matters, legal aid services, and relevant civil matters including housing and other issues;(x) assistance with obtaining transportation, including through provision of transit fare;(xi) familial counseling and parenting classes;(xii) problem-solving and life-skills assistance or classes;(xiii) assistance with communication needs, including providing a mobile phone, mobile phone service or access, or internet access;(xiv) assistance with applications for State or Federal Government benefits, where eligible;(xv) mentorship, including through programs that facilitate such services by formerly incarcerated or convicted individuals;(xvi) physical and emotional trauma-informed treatment, counseling, and therapy;(xvii) medical and or mental health services, and cognitive-behavioral programming;(xviii) substance use treatment and testing, including family-based residential drug treatment;(xix) reactivation, application for and maintaining professional or other licenses;(xx) payment of restitution, where appropriate;(xxi) restorative justice-based requirements; and(xxii) any other needs-based assistance or requirement designed to reduce recidivism.(6) Restorative justice
The term restorative justice means a creative solution that focuses on repairing the harm caused by crime and reducing future harm through crime prevention, and which requires justice-involved individuals to take responsibility for their actions, seeks redress for victims, and the healing and reintegration of both within the community.(b) Diversion authorized
Upon application by a defendant, the Government, United States Probation and Pretrial Services, or sua sponte by the Court, a United States Court with jurisdiction over a criminal case may divert such case into a pretrial diversion program under this section at any time prior to imposition of a sentence or disposition.(c) Participation requirements
Participation in the program requires—(1) voluntary agreement to participate by the divertee, after being presented with the Court’s proposed pretrial diversion order as required under subsection (e);(2) a signed waiver by the divertee that waives the right to a speedy trial for as much time as is needed for participation in the diversionary program as determined by the Court, and waiver of presentment of the case within the statute of limitations, if necessary, as determined by the Court; and(3) that the divertee be afforded the advice of counsel, and if the divertee cannot afford counsel, that counsel be appointed at no cost to the divertee.(d) Pretrial diversion determination application process
Upon the application for pretrial diversion of a criminal case, the applicant shall be referred to either the Chief Pretrial Services Officer or the Chief Probation Officer for a report, that shall include—(1) the applicant’s criminal history, background and characteristics, and the facts surrounding an applicant’s criminal case;(2) a recommendation to the Court whether a pretrial diversion program is appropriate for the applicant; and(3) a needs-based assessment of the applicant, and a recommendation for a recidivism reduction plan tailored to the needs of the applicant, whether or not a pretrial diversion program is recommended.(e) Pretrial diversion order
Upon review of the report described in subsection (e), and any argument, testimony and evidence presented by the Government and the applicant, the Court shall enter an order approving or denying the application of pretrial diversion, such an order shall include—(1) in the case of an order denying the application of pretrial diversion, a statement of reasons for such denial; and(2) in the case of an order granting the application of pretrial diversion—(A) the date that the pretrial diversion period begins, and date, whereby, if successful completion is determined by the Court, a diversionary disposition may be entered;(B) the recidivism reduction plan which must be successfully completed by the divertee in order to receive a diversionary disposition;(C) the type of diversionary disposition that the divertee will receive if the divertee successfully completes the recidivism reduction plan, including opportunities for record expungement, which shall include the approval of the Government where required by law; and(D) the alternative disposition of the criminal case if the Court determines the divertee has not successfully completed the recidivism reduction plan.(f) Unsuccessful termination of pretrial diversion
A divertee is entitled to a hearing before the divertee’s pretrial diversion may be terminated. Upon breach of a condition of the recidivism reduction plan by the divertee, the U.S. Probation and Pretrial Services Office may so inform the Court, who shall determine whether such breach should warrant termination of diversion.(g) Successful termination of pretrial diversion
If the Court determines that a divertee has successfully completed a recidivism reduction program as provided in the terms of the pretrial diversion order, the Court shall enter a diversionary disposition order, as follows:(1) Upon approval of the Government, a criminal complaint, information, indictment or charge in a criminal case shall not be filed, and the Court shall order proceedings terminated.(2) Upon approval of the Government, dismissal of a criminal complaint, information, indictment or charge against a divertee shall be ordered and proceedings terminated.(3) In the case of a divertee who has agreed to plead guilty to a criminal offense, a judgment of conviction and imposition of a sentence, or a juvenile adjudication shall be ordered, and notwithstanding any mandatory term of imprisonment provided for by law, the Court may order no term of incarceration.The Court is authorized to permit withdrawal of a guilty plea under this subsection.(h) Confidentiality
All information obtained in the course of making the decision to divert a justice-involved individual and all information obtained by treatment providers, class instructors, and other required program providers in the course of completing a recidivism reduction plan shall not be used against the divertee in criminal proceedings or at sentencing, except that in the case of a recommendation for termination of diversion, information regarding the divertee’s participation in such program may be used for purposes of termination proceedings.(i) Pretrial diversion program preference
Where authorized by law, pretrial diversion program acceptance shall be prioritized in criminal cases where an applicant demonstrates a history of physical or emotional trauma, sexual or physical abuse, substance abuse, mental illness, or vulnerable circumstances such as pregnancy, disability, homelessness, physical health challenges, or the immediate familial economic needs of an applicant.
3015. Federal pretrial diversion.
(1) Motion of the government
Upon motion
(2) Motion of a party or the court
The Court, sua sponte, or on the motion of a party, shall have the authority to impose a sentence below a level established by statute as a minimum sentence if the defendant shows that—(A) the defendant did not provide substantial assistance described in paragraph (1) based on a reasonable fear of serious bodily injury (as such term is defined in section 113) to the defendant, an intimate partner, child, or other family member of the defendant;(B) the prosecution fails to demonstrate that the defendant has useful information that could be used by the Government in the investigation or prosecution of another person who has committed an offense; or(C) the defendant has provided substantial assistance described in paragraph (1), but the Government has not made a motion under such paragraph.(3) Sentencing guidelines
A sentence under paragraph (1) or (2) shall be imposed in accordance with the guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28, United States Code.
(i) In the case of a person who conspires to commit an offense under this title, the type and quantity of the controlled or counterfeit substance for the offense that was the object of the conspiracy shall be the type and quantity involved in—(1) the defendant’s own unlawful acts; and(2) any unlawful act of a co-conspirator that—(A) the defendant agreed to jointly undertake;(B) was in furtherance of that unlawful act the defendant agreed to jointly undertake; and(C) was known to and intended by the defendant.
(e) In the case of a person who conspires to commit an offense under this title, the type and quantity of the controlled or counterfeit substance for the offense that was the object of the conspiracy shall be the type and quantity involved in—(1) the defendant’s own unlawful acts; and(2) any unlawful act of a co-conspirator that—(A) the defendant agreed to jointly undertake;(B) was in furtherance of that unlawful act the defendant agreed to jointly undertake; and(C) was known to and intended by the defendant.
, except that such a court may not consider, except for purposes of mitigating a sentence—(1) any act with respect to which the person was criminally charged and adjudicated not guilty after trial in a Federal, State, or Tribal, court, or in the case of a juvenile an act that was charged and for which the juvenile was found not responsible after a juvenile adjudication hearing; or(2) any act underlying a criminal charge or juvenile information that was dismissed in a Federal court upon a motion for acquittal under rule 29 of the Federal Rules of Criminal Procedure, or in a State or Tribal court upon a motion for acquittal or an analogous motion under the applicable State rule of criminal procedure.
(D) to reflect any mitigation on behalf of the defendant, including any history of trauma, substance use, or medical and mental health disorders; and(E) to provide the defendant with gender-responsive needed educational or vocational training, medical care, trauma-informed mental health care, or other correctional treatment in the most effective manner;
(C) are gender-responsive, in compliance with section 5 of title VI of the Gender-Informed Justice Act; and